Unauthorised Possession or Use of Prohibited Firearms

UNAUTHORISED POSSESSION OR USE OF PROHIBITED FIREARMS – SECTION 7 FIREARMS ACT 1996 (NSW)

FACING SERIOUS FIREARMS CHARGES IN NSW? HERE’S WHAT YOU NEED TO KNOW ABOUT PROHIBITED FIREARMS OFFENCES.

WHAT IS A PROHIBITED FIREARM OFFENCE?

Under Section 7 of the Firearms Act 1996 (NSW), it is a criminal offence to possess or use a prohibited firearm unless you are authorised by a permit or licence.

A prohibited firearm includes high-risk weapons such as:

• Machine guns
• Submachine guns
• Self-loading or pump-action shotguns
• Shortened firearms (e.g. sawed-off shotguns)
• Silenced firearms
• Firearms designed or adapted for disguise (e.g. pen guns)

These firearms are listed under Schedule 1 of the Firearms Act, and their possession is highly restricted in New South Wales.

WHAT DOES SECTION 7 OF THE FIREARMS ACT SAY?

“A person must not possess or use a prohibited firearm unless the person is authorised to do so by a licence or permit.”

This is a strict offence: you can be found guilty even if you did not know the firearm was prohibited.

PENALTIES FOR PROHIBITED FIREARMS OFFENCES

Section 7 offences carry very severe penalties, reflecting the serious public safety risk these weapons pose.

Maximum Penalties:

• Up to 14 years imprisonment
• Criminal conviction recorded
• Firearms prohibition orders
• Forfeiture and destruction of firearms
• Possible search warrants and seizure of other property

⚠️ The courts treat prohibited firearms cases as extremely serious, especially when the firearm is loaded, operable, or linked to other criminal activity.

WHAT MUST THE PROSECUTION PROVE?

To secure a conviction under Section 7, the prosecution must prove beyond reasonable doubt that:

1. You possessed or used a prohibited firearm
2. You were not authorised to do so by a valid licence or permit

Knowledge or intention does not need to be proven – mere possession or use is enough.

DEFENCES TO PROHIBITED FIREARM CHARGES

Depending on the facts of your case, available defences may include:

• Lack of possession – the firearm was not under your control
• You were authorised by a licence or permit
• You had a reasonable excuse (e.g. temporary possession for surrender to police)
• The firearm does not meet the legal definition of a prohibited firearm
• You acted under duress or coercion
• Unlawful search/seizure by police

A detailed legal analysis is essential to determine the most effective defence strategy.

TYPES OF PROHIBITED FIREARMS

Examples of firearms classified as prohibited in NSW include:

• Self-loading rifles and shotguns
• Pump-action shotguns
• Fully automatic firearms
• Shortened firearms (less than 75 cm)
• Firearms disguised as other items
• High-powered pistols

The NSW Firearms Registry determines firearm classification, and their opinion often plays a critical role in these cases.

COMMON SCENARIOS LEADING TO CHARGES

Charges under Section 7 often result from:

• Police executing a search warrant
• Domestic incidents involving threats or weapons
• Anonymous reports or tip-offs
• Firearms found during routine traffic stops
• Storage inspections by police or the Firearms Registry

⚠️ Even if the firearm is stored in a garage, vehicle, or someone else’s property, you can still be charged if it’s linked to you.

WHAT ARE YOUR OPTIONS IF CHARGED?

If you are charged under Section 7, you may:

• Plead Not Guilty – challenge the classification, the possession element, or raise a valid legal defence
• Plead Guilty – accept the charge and present strong submissions for a reduced sentence
• Negotiate – in some cases, charges can be downgraded or withdrawn (e.g. to a general possession offence)

Our lawyers have a strong record of challenging forensic evidence, firearms classifications, and prosecutorial overreach in these matters.

FACTORS THAT AFFECT SENTENCING

If convicted, the court will consider:

• The type of firearm involved (e.g. automatic vs. shortened)
• Whether it was loaded or ready for use
• Your criminal and firearms history
• Whether you showed remorse or cooperated with police
• Risk posed to the public or others
• Any mental health or personal circumstances

WHY CHOOSE CRIMINAL LAWYERS GROUP?

• Leading NSW defence lawyers for firearms and weapons offences
• Extensive experience with prohibited firearm legislation
• Skilled in firearms classification disputes and evidence suppression
• Proven ability to minimise penalties and avoid convictions
• Strong relationships with prosecutors and the NSW Firearms Registry

CONTACT US FOR EXPERT FIREARMS DEFENCE

Being charged with unauthorised possession or use of a prohibited firearm is extremely serious. Don’t face it alone. Contact our team today for urgent, confidential advice.

🕘 FREE & CONFIDENTIAL CONSULTATION – CALL NOW

📞 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au

CRIMINAL LAWYERS GROUP – STRATEGIC DEFENCE. PROVEN RESULTS. TRUSTED FIREARMS LAW SPECIALISTS.